Witness Statements: Overlong and Over-lawyered? – Hailsham Chambers

Posted April 1st, 2020 in chambers articles, drafting, evidence, news, witnesses by sally

‘As many legal commentators including the author have noted recently: long, complex and detailed statements served particularly on behalf of lay witnesses, but written by their legal teams, can be more of a hindrance than of assistance. Straightforward cross-examinations of such witnesses will frequently prove effective in at the very least exciting the suspicion of a court as to the reliability of such lay evidence, or worse, in some cases causing questions to be asked as to their credibility when the inevitable rhetorical question is asked in closing as to whether such a person ever really could have had a reasonable belief in the veracity of what the statement contained.’

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Hailsham Chambers, 27th March 2020

Source: www.hailshamchambers.com

UK broke law over IS ‘Beatles’ by passing information to US – BBC News

‘The UK acted unlawfully by passing evidence to the US that could lead to the execution of two British members of an Islamic State murder squad.’

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BBC News, 25th March 2020

Source: www.bbc.co.uk

Parties told to cut unnecessary content from witness statements – Litigation Futures

Posted March 25th, 2020 in evidence, limitations, news, witnesses by sally

‘A High Court judge who sat on the witness evidence working group has ordered witness statements in a case before him to be revised to remove inappropriate content.’

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Litigation Futures, 24th March 2020

Source: www.litigationfutures.com

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

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The Guardian, 15th March 2020

Source: www.theguardian.com

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

Sex offender’s hard drive in police commissioner’s safe for 14 years – BBC News

‘Indecent images of children could not be used as evidence because they were in a police commissioner’s safe.’

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BBC News, 12th March 2020

Source: www.bbc.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Phones that may hold child abuse images returned to suspects – The Guardian

‘Police are giving back to suspected paedophiles phones and computers that possibly hold child abuse images because they do not have the time or technology to search the devices, a report says.’

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The Guardian, 27th February 2020

Source: www.theguardian.com

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Forensic science failures putting justice at risk, says regulator – The Guardian

‘Innocent people are being wrongly convicted and criminals are escaping justice because of the failure of the forensic science system to meet basic standards, the regulator has said.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Grenfell public inquiry delayed again over evidence concerns – The Guardian

Posted February 24th, 2020 in accidents, criminal justice, delay, evidence, fire, inquiries, negligence, news by sally

‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’

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The Guardian, 23rd February 2020

Source: www.theguardian.com

Impact on rape victims of police phone seizures to be reviewed – The Guardian

‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

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Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian

Posted February 12th, 2020 in disclosure, documents, evidence, families, forensic science, murder, news, police, suicide by sally

‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

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Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

Grenfell Tower fire: Firms want immunity over evidence – BBC News

Posted January 30th, 2020 in evidence, fire, health & safety, immunity, inquiries, news, prosecutions by tracey

‘Firms involved in the refurbishment of Grenfell Tower have asked the public inquiry into the fire for a guarantee that anything they say in the hearings will not be used for any prosecution.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

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Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk